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54 results for “capital gains”+ Section 13(1)(c)clear

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Key Topics

Section 143(3)29Condonation of Delay29Section 14818Section 80P(2)(a)13Section 80P(2)(d)13Deduction13Disallowance13Section 25012Section 143(1)11

GUALA CLOSURES (INDIA) PVT. LTD.,PANAJI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, PANAJI., SELECT CITY

Appeal is dismissed in above terms

ITA 205/PAN/2019[2012-13]Status: DisposedITAT Panaji13 Oct 2023AY 2012-13

Bench: Shri Satbeer Singh Godara & Dr. Dipak Ripote

For Appellant: Shri Ketan VedFor Respondent: Shri P.S. Shivshankar, CIT-DR
Section 143(3)Section 144(3)Section 144CSection 253Section 263Section 4

capital or revenue. The 'once for all' payment test is also inconclusive. What is relevant is the purpose of the outlay and its intended object and effect, considered in a commonsense way having regard to the business realities." (p. 379) 8 ITA.No.205/PAN./2019 In the case of this assessee, it is found that the claim of expenses under

Showing 1–20 of 54 · Page 1 of 3

Section 26311
Section 246A10
Reopening of Assessment9

BANDEKAR BROTHERS PRIVATE LIMITED,VASCO-DA-GAMA, GOA vs. ASSISTANT COMMISSIONER OF INCOME TAX, PANAJI, GOA

The appeal of the assessee is PARTLY ALLOWED in aforestated terms

ITA 38/PAN/2025[2013-14]Status: DisposedITAT Panaji11 Feb 2026AY 2013-14

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Years: 2013-14 Bandekar Brothers Pvt. Ltd. Post Box No. 11, Suvarna Bandekar Bldg., Swatantra Path, Vasco-Da-Gama Goa-403802 Pan: Aaacb5502B . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-2(1), Panaji, Goa. . . . . . . . Respondent Represented Assessee By: Mr Pramod & Mr Shriniwas Deshpande [‘Ld. Ar’] Revenue By: Mr M Satish & Mr Renga Rajan [‘Ld. Dr’] Date Of Conclusive Hearing : 12/01/2026 Date Of Pronouncement : 11/02/2026 Order Per G. D. Padmahshali; This Assessee’S Appeal Filed U/S 253(1) Of The Income-

For Appellant: Mr Pramod & Mr Shriniwas Deshpande [‘Ld. AR’]For Respondent: Mr M Satish & Mr Renga Rajan [‘Ld. DR’]
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 2(14)Section 246ASection 250Section 253(1)Section 37(1)

gains under the provisions of the Act when transferred. Once the nature & character of transaction is established as capital acquisition, then; (a) the mode/nomenclature of payment in acquiring such capital asset, (b) the frequency of payment such as annual, term basis or onetime etc., and (c) the stage of discharge of payment towards viz; first instance/grant of licence

M/S R. S. SHETYE & BROS,PANAJI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), PANAJI

In the result, the appeal filed by the assessee is partly allowed

ITA 37/PAN/2023[2016-17]Status: DisposedITAT Panaji27 Feb 2026AY 2016-17

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.37/Pan/2023 (A.Y.2016-17) R.S.Shetye & Bros, Vs Acit 1(1), Flat.No.14, 1 St Floor, Aaykar Bhavan, . Trionara Apartments, Edc, Patto, New Muncipal Market, Panjim Panaji- Goa-403001. Goa-403001. Pan .No.Aabfr9785N (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 3

1) the payment is for lease and is recurring in nature (2) the payment is made in the form of ‘stamp duty’ akin to legal expenditure and (3) renewal of lease did bring no new capital asset into existence for appellant, that is to say renewal of mining lease cannot be equated with acquisition of capital asset. Without prejudice

INCOME TAX OFFICER, WARD - 3, MARGAO vs. SHRI RAJ SHANU PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 287/PAN/2019[2011-12]Status: DisposedITAT Panaji25 Feb 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, MARGAO vs. SHRI ROHIT RAMCHANDRA PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 253/PAN/2019[2010-11]Status: DisposedITAT Panaji25 Feb 2025AY 2010-11

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

INCOME TAX OFFICER, WARD - 2, MARGAO vs. SHRI SHANU PAI PANANDIKAR (HUF), MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 286/PAN/2019[2011-12]Status: DisposedITAT Panaji25 Feb 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

INCOME TAX OFFICER, WARD - 2, MARGAO vs. SMT KUNDA SHANU PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 288/PAN/2019[2011-12]Status: DisposedITAT Panaji25 Feb 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, MARGAO vs. SHRI ROHAN RAMCHANDRA PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 256/PAN/2019[2011-12]Status: DisposedITAT Panaji25 Feb 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, MARGAO vs. SHRI ROHIT RAMCHANDRA PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 254/PAN/2019[2011-12]Status: DisposedITAT Panaji25 Feb 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

THE INCOME TAX OFFICER, WARD - 3, MARGAO vs. SMT RAJANI RAMCHANDRA PAI PANANDIUKAAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 257/PAN/2019[2010-11]Status: DisposedITAT Panaji25 Feb 2025AY 2010-11

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, MARGAO vs. SHRI ROHAN RAMCHANDRA PAI PANANDIKAR, MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 255/PAN/2019[2010-11]Status: DisposedITAT Panaji25 Feb 2025AY 2010-11

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

INCOME TAX OFFICER, WARD - 2, MARGAO vs. SHRI SHANU PAI PANANDIKAR (HUF), MARGAO

Accordingly. The grounds accordingly stands partly allowed

ITA 285/PAN/2019[2010-11]Status: DisposedITAT Panaji25 Feb 2025AY 2010-11

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

For Appellant: Mr R K Pikale [‘Ld. AR’]For Respondent: Mr Narendra Reddy [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(3)Section 148Section 246ASection 250Section 253(2)

13 as Capital Gain since during the year under consideration for ITAT-Panaji Page 8 of 12 Panandikar Group ITA Nos.253 to 258 & 285 to 288/PAN/2019 AY 2011-12 and AY 2012-13 there were actual transfer of shares. 8. Considering the facts and circumstances of the case order of the Ld. CIT(A) is not acceptable since prosecution complaint

THE MARATHA URBAN CO-OPERATIVE CREDIT SOCIETY LTD,BELGAUM vs. INCOME TAX OFFICER, WARD - 5, BELGAUM

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 301/PAN/2024[2017-18]Status: DisposedITAT Panaji28 Nov 2025AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PANAJI, AYAKAR BHAWAN vs. VPK URBAN COOPERATIVE CREDIT SOCIETY , VPK BHAWAN

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 252/PAN/2024[2015-16]Status: DisposedITAT Panaji28 Nov 2025AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

VIVIDODDSHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKARI SANGH NIYAMIT SOUDATTI,SOUDATTI vs. INCOME TAX OFFICER WARD-4, BELGAUM, BELGAUM

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 27/PAN/2025[2017-18]Status: DisposedITAT Panaji28 Nov 2025AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

VPK URBAN CO-OPERATIVE CREDIT SOCIETY,MARDOL, PONDA vs. DCIT/ACIT, NEAC, DELHI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 287/PAN/2024[2018-19]Status: DisposedITAT Panaji28 Nov 2025AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

SHREE BASVANNA MAHADEV CO-OPERATIVE CREDIT SOCIETY LIMITED,BELAGAVI vs. INCOME TAX OFFICER WARD 6, BELGAUM

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 25/PAN/2025[2017-2018]Status: DisposedITAT Panaji28 Nov 2025AY 2017-2018

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

HAVYAKA CREDIT SOUHARDA SAHAKARI NIYAMITA,KUMTA vs. INCOME TAX OFFICER, KARWAR

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 36/PAN/2025[2014-15]Status: DisposedITAT Panaji28 Nov 2025AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

BASAV SOUHARDA CREDIT SAHAKARI NIYAMIT BAILHONGAL,BAILHONGALA vs. INCOME TAX OFFICER NATIONAL E ASSESSMENT CENTER, BELAGAVI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 190/PAN/2024[2020-2021]Status: DisposedITAT Panaji28 Nov 2025AY 2020-2021

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies

SHRI BASAVESHWAR URBAN CO OPERATIVE CREDIT SOCIETY LTD,BELAGAVI vs. INCOME TAX OFFICER NATIONAL E ASSESSMENT, BELAGAVI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

ITA 180/PAN/2024[2020-2021]Status: DisposedITAT Panaji28 Nov 2025AY 2020-2021

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

13 of 36 Akshaya Co-Op credit society Limited & others. parked as investments/deposits with cooperative banks, other than a Primary Agricultural Credit Society or a Primary Co- operative Agricultural and Rural Development Bank. Observing, that the co- operative banks from where the assessee was in receipt of interest income were not co-operative societies